ATTORNEYS ASK PRIVATE MENTAL EXAM

Attorneys for the man accused of robbing, raping and strangling a fellow Lehigh University student want to terminate their request for a court-ordered psychiatric examination of their client.

Assistant public defenders Lorenzo Crowe and George Blasco say they want Josoph Henry, 20, of Newark, N.J., examined by a privately retained psychiatrist rather than workers from the Northampton County mental health office. The examination would be done at no public expense, with funds at their disposal, the attorneys say in the petition, filed yesterday.

At a hearing last week, Judge Michael V. Franciosa refused to rescind part of a court order signed April 8 by Judge Richard D. Grifo for psychiatric testing on Henry. Defense attorneys wanted rescinded a clause that reports prepared by the mental health agency be presented to the prosecution. They maintained that if they notified the District Attorney's office that they intended to pursue an insanity defense, they would then provide the report on Henry's mental state to prosecutors.

In denying the petition, Franciosa said that since the examination was ordered by the court, the report would become court evidence, rather than evidence for either the prosecution or the defense.

At the same hearing, the judge denied a verbal motion from Crowe to vacate the order entirely.

Henry, a sophomore at the university, was arrested April 7, two days after the body of Jeanne Ann Clery, a 19-year-old freshman from Bryn Mawr, was found in her unlocked dormitory room. He has been held without bail in Northampton County Prison since then.

A preliminary hearing for Henry on charges of homicide, rape, robbery, involuntary deviate sexual intercourse, indecent assault, burglary, theft and receiving stolen property is scheduled for 9:30 a.m. May 20 at the courthouse before District Justice John Gombosi of Bethlehem.